TO:	Honorable Pete Flores, Chair, Senate Committee on Criminal Justice

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB2111 by Zaffirini (relating to legal representation of indigent persons in this state and to proceedings before a magistrate including the appointment of counsel for an indigent defendant.), Committee Report 1st House, Substituted

Estimated Two-year Net Impact to General Revenue Related Funds for SB2111, Committee Report 1st House, Substituted: a negative impact of ($3,871,822) through the biennium ending August 31, 2027.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

Fiscal Year	Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2026	($1,939,211)
2027	($1,932,611)
2028	($1,932,611)
2029	($1,932,611)
2030	($1,932,611)

Fiscal Year	Probable Savings/(Cost) from General Revenue Fund 1	Change in Number of State Employees from FY 2025
2026	($1,939,211)	1.0
2027	($1,932,611)	1.0
2028	($1,932,611)	1.0
2029	($1,932,611)	1.0
2030	($1,932,611)	1.0

The bill would amend the Code of Criminal Procedure to require a court to appoint an attorney to represent an eligible indigent defendant to investigate a claim and file a write of habeas corpus under certain conditions.

The bill would allow public defender offices to hire privately-employed criminal defense attorneys on a part-time basis for the sole purpose of representing indigent persons in their appearance before a magistrate for certain hearings.

The bill would describe additional services that may be provided by managed assigned counsel programs (MACs) and would clarify their judicial functions and operations.

The bill would require an attorney appointed to represent a defendant be compensated for certain expenses under certain conditions.

The bill would allow a local public defender's office to certify to the court the amount of expenses incurred in representing a prison inmate. The court would then submit this to the Comptroller for reimbursement to the county.

The bill would amend Government Code to create the Texas Public Defense Internship and Fellowship Program at the Texas Indigent Defense Commission to provide grants to assist students and recent graduates in providing appointed legal representation in criminal, juvenile delinquency, and family protection cases in underserved areas.

The bill would provide free access to the Department of Public Safety's criminal history data to private attorneys appointed by MACs.

Based on information provided by the Office of Court Administration, this analysis assumes the agency would require $1,939,211 in General Revenue Funds in fiscal year 2026 and $1,932,611 in fiscal year 2027 to implement the fellowship and internship program authorized by the bill. This includes $3,660,000 for the biennium to provide grants to eligible students and recent graduates, $154,008 for 1.0 FTE position to administer the program, $11,735 in other operating costs, and $46,079 in benefit and payroll contributions.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 16, 2025